WHAT TO DO AFTER SOMEONE DIES

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1 WHAT TO DO AFTER SOMEONE DIES Checklist Dealing with the loss of a loved one is heart-wrenching. It's hard enough without the confusion and uncertainty of what to do next. John Ross That's why we put together this list of the most common things to do following the loss. It is critical to speak directly to an Elder Law professional. Until then, we hope this puts you on the right path and lessens the burden of this challenging time.

2 PRIOR TO DEATH Know the location of the will, birth certificate, marriage and divorce certificates, Social Security information, life-insurance policies, financial documents, and key to the safety deposit box or home safe. Ask the person s wishes about funeral arrangements, organ donation, and burial or cremation. Have the person complete an advanced directive, including a living will, which specifies wanted or unwanted procedures. The person should also appoint a medical power of attorney to make medical decisions f he or she becomes incapacitated.

3 Have a do-not-resuscitate order drawn up, if the person desires, that tells health-care professionals not to perform CPR if the person s heart or breathing stops and restarting would not result in a meaningful life. Make sure the person gives copies of the documents to his or her doctor and a few family members or friends. Take the documents to the hospital if the person is admitted. If there is time prior to the death, contact an experienced estate planning attorney. When death is imminent, there are often many things that can be done to protect the survivors or save taxes that may not be available after death.

4 IMMEDIATELY AFTER DEATH 1. Get a Legal pronouncement of death A. If the person is in the hospital or at home with hospice, this will be done for you. B. If not, call 911 but have a DNR ready to provide to EMS so that they do not attempt resuscitation. 2. Arrange transportation of the body 3. Notify family and friends 4. Arrange care for pets

5 WITHIN A FEW DAYS 5. Make funeral arrangements (or contact funeral home if the person had made their own arrangements). Find out if the funeral home will contact Social Security on your behalf to receive the $255 death benefit. If not, contact them directly at ( ; socialsecurity.gov) 6. Write an obituary. Need help? Here is a list of guides on writing obituaries: inspire/how-to-write-an-obituary-or

6 WITHIN A FEW DAYS cont. 7. Contact local veteran s office, church, fraternal order or similar organization that the person belonged to and see if there are any burial benefits or ceremonies available. 8. Secure the personal property of the deceased (especially credit cards, debit cards and checkbooks), collect mail as it arrives, throw out any food items that will spoil quickly. 9. Speak with neighbors, trusted friends or the police related to keeping an eye on the residence if it will be vacant.

7 FIRST TWO WEEKS 10. Obtain Death Certificates. Many institutions (banks, government, etc) will require originals so get a sufficient number: between 10 and 30 depending on the complexity of the individual. 11. Gather documents. Bank account statements, financial account statements, life insurance policies or statements, credit card statements, tax returns, estate planning documents. These will assist your information gathering related to assets and liabilities. 12. Schedule an appointment with an attorney experienced in estate planning and probate. This applies even if you are not planning to hire one. A bit of good advice and counseling will save a lot of headache.

8 FIRST TWO WEEKS cont. 13.Contact: The person s investment adviser, for information on holdings. Bank, to find accounts and safe deposit box. Life insurance agent, to get claim forms. Social Security ( ; socialsecurity.gov) and other agencies from which the deceased received benefits, such as Veterans Affairs ( ; va.gov), to stop payments and ask about applicable survivor benefits. Agency providing pension services, to stop monthly check and get claim forms. Utility companies, to change or stop service, and postal service, to stop or forward mail.

9 DURING THE YEAR AFTER 14. Shred personal information and documentation. Identity theft is a significant risk and the perpetrators scour for information on the recently deceased. Consider notifying credit bureaus and the Direct Marketing Association to opt out of solicitations. 15. If you are receiving an inheritance, even if it is a small amount, speak to a qualified financial advisor. This is particularly true if part of the inheritance comes from one or more qualified accounts (IRAs, 401Ks, etc) as there can be significant tax consequences associated with these accounts. 16. If you believe that there is life insurance but you cannot locate the policy, you can search for lost policy information at (For a fee). Also check the unclaimed property website periodically (in Texas it is Arkansas is Determine if there are any Estate Taxes due. If so, a Form 706 must be filed within 9 months following death.

10 DURING THE YEAR AFTER cont. 18. If there are unpaid bills, determine if and when these should be paid. The bills of a deceased person do not generally pass to the heirs and there are rules regarding the payment of a deceased s bills, so pay any bills with the advice of an attorney. 19. File a final tax return, due by April 15th of the following year. If an estate is open, the estate may need to file an estate income tax return (Form 1041). 20.Distribute the deceased's property to the heirs. If there is a probate, follow the guidance of the attorney handling the estate. If not, dispose of or distribute the property in such a way as the family can agree. Consider having each heir sign statements acknowledging the receipt of any property.

11 Nothing contained in this Checklist is intended to replace the advice of an attorney and is intended for general knowledge and educational purposes only. To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. It is imperative that you speak to an Elder Law attorney in your area as laws differ from state to state. If you are in the Ark-La-Tex, please contact the Ross & Shoalmire Elder Law Attorneys, L.L.P. for a free consultation.